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Sierra Nevada Transportation, Inc. v. Nevada Transportation Authority

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-15823 · judgment October 18, 2023


Certiorari denied · March 18, 2024
Pre-decision estimate: 14% cert probability (95% interval 9%–19%)

Before the decision, about 3.3× the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a state or local-government respondent.

Question presented

Does a federally-licensed limousine company state a valid claim for relief under 42 U.S.C. §§ 1983 and 1985 against state regulators for violating the dormant Commerce Clause, where the company attempts to provide ground transportation to airline passengers in the stream of commerce as one leg of a passenger’s continuous, pre-arranged interstate trip and state regulators prevent the federally-licensed company from providing its passenger services because it does not possess a state-issued certificate of public necessity and convenience.

Counsel of record

For petitioner
Mark Douglas Wray
Law Offices of Mark Wray

For respondent
Jeffrey Morgan Conner
Office of the Nevada Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 18 2024
    Petition DENIED.
  2. Feb 28 2024
    DISTRIBUTED for Conference of 3/15/2024.
  3. Feb 16 2024
    Waiver of right of respondent Nevada Transportation Authority to respond filed.
  4. Jan 16 2024
    Petition for a writ of certiorari filed. (Response due February 21, 2024)